SHARMA, J. - (1.) THE appellants, three in number, along with Smt. Lali (wife of deceased Shravan) faced trial in Sessions Case No. 14/99 before the learned Special Judge, Scheduled Caste/scheduled Tribe (Prevention of Atrocities) Cases Dausa (for short `trial judge') who vide Judgment dated July 20, 2002, while acquitting co-accused Lali, convicted and sentenced the appellants as under: Peeru Shah, Shafi Shah and Chhote Lal: U/s. 302 & 302/34 IPC: Each to suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment. U/s. 449 IPC: Each to suffer rigorous imprisonment two years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. U/s. 201 IPC: Each to suffer rigorous imprisonment eight months and fine of Rs. 1000/-, in default to further suffer one month simple imprisonment. U/s. 3 (2) (v) SC/st (PA) Act: Each to suffer life imprisonment and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment. Substantive sentences were directed to run concurrently.
(2.) ON December 9, 1998 some unknown person gave information to the villagers of village Kasba about the death of Shravan by pasting a paper on the wall of a temple. It was alleged in the paper that Shravan's wife Lali, Peera and Shafi killed Shravan and threw the dead body into a well. The paper (Ex. P-42) reads as under: Lsok esa Jheku xkao jke ls dlck cloka uez fuosnu gs ljo. k dh eksr ds fo"k; esa%& ljo. k o ?kj okyh iruh ykyh ds fookn py jgk gsa vkil esa bl fookn dks cqkkus ds fy, ihjk vksj ihjk dk Hkkbz lqh us ykyh us rhuksa us feydj fopkj cuk;sa jkf= ds djhc uks nl cpps vunj ds dejs esa lks jgs Fksa ljo. k o ljo. k dh iruh pwygs ds ikl esa csbs gq, Fksa ckgj ls ihjk [kka o mldk Nksvk Hkkbz laqh ckgj ls vunj edku esa ?kqls] tsls gh ljo. k dks csbk ns[kk rks nksuksa I;kj ls ckrs djha dksus esa Vkapk [kjokmk cjnh j[kh gqbz Fkh mlls bu rhuksa us mldks ekjk vksj tc og fpyyk;k eqks er ekjks rc cppksa us ekj/kkm dh vkokt lquh rks cmh cpph us eka dks vkokt nh rks eka us dgk csbk lks tk rsjs dkdk ds nsork vk jgs gs rc cpph okfil ls lks xbza xsv eka us [kksyk ughaa njoktk ckgj mldh iwjh rjg gr;k dj nh vksj mlds Nksvs Nksvs Vqdms djds cksjh esa cun djds lkbzfdy ij j[kdj ds mldks cun ds ikl dksbz cke. k okyk dqvk gs mlesa ;g yksx ivddj vk x;s vksj bugksaus xkao dks /kks[kk nsus ds fy, eksvj lkbzfdy dk uke yxk;k gsa** The informant Ram Kishan, nephew of Shravan Lal, on December 11, 1998 submitted a written report at 12. 15 PM at Police Station Bandikui District Dausa with the averments that because Shravan Lal (now deceased) had some religious power, the villagers used to seek his advice in their personal affairs. Looking to the absence of Shravan continuously for a long time, the informant became anxious to know about his whereabouts but Shravan's wife Lali told that Shravan had gone out of village with two persons on motor cycle. On December 9, 1998, the informant came to know from the paper which was pasted on a wall, that Shravan was murdered. On December 11, 1998 around 10 AM while the informant was sitting infront of his shop Shafi, Peeru and Chhote Lal came to the informant and confessed that they with the help of Lali killed Shravan. Police Station Bandikui registered a case for the offence under sections 302, 201/34 IPC and Sec. 3 SC/st (PA) Act and investigation commenced. Dead body of Shravan got recovered from a well. Post mortem on the dead body was performed. The accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned. Special Judge, Scheduled Caste/scheduled Tribe (Prevention of Atrocities) Cases Dausa. Charges under sections 302, 302/34, 201, 449 IPC and section 3 (2) (v) of Scheduled Caste/scheduled Tribe (Prevention of Atrocities) Act were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of the case examined as many as 12 witnesses and 42 documents. In the explanation under section 313 Cr. P. C. , the accused claimed innocence and in defence one witness Dw. 1 Chhote Lal was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above, but acquitted co-accused Lali. The case is admittedly based on circumstantial evidence, therefore, it is necessary that the evidence adduced at the trial must satisfy three tests: (i) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; (ii) those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused; (iii) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else. Having scanned the material on record we notice that the death of Shravan was homicidal in nature. As per postmortem report (Ex. P-13) following ante mortem injuries were found on the dead body and death was caused on account of head injury as stated by Dr. Rameshwar Prasad Meena (Pw. 4): (1) Incised wound with flap of (L) Parietal bone 15 semi separated. (2) Incised wound with flap of (R) Parietal bone is also separated. (3) Separation of lambidal surface of skull. Plastic rope is tied around neck. Clotted blood dry on vest.
(3.) INFORMANT Ram Kishan (Pw. 1) in his deposition stated that his uncle had shadow of some deity therefore the people used to seek his advice for resolving their grievances. Absence of his uncle from the village for a long time made him anxious but his aunt Lali told him that his uncle had gone out with two persons on a motor cycle. After few days somebody pasted a paper on the wall wherein it was written that Peeru. Shafi and Lali murdered Shravan. Just about two days after while the informant, Chhaju Ram. Sita Ram and Sunder were sitting outside the office Peeru and Chhote Lal Kumhar came to them and confessed that they both with the help of Lali killed Shravan. The informant then lodged the report at police station Bandikui. In the cross examination Ram Kishan stated that the deceased had four daughters and one son. He also stated that he and deceased jointly possessed agricultural land. He got the paper exhibited, which according to him, was pasted on the wall of temple. He denied this suggestion that the paper was written and pasted by a member of his family because he wanted to grab the agricultural land belonging to Shravan and therefore they killed Shravan. Sunder Lal (Pw. 2), cousin of informant, and Sita Ram (Pw. 7) corroborated the testimony of Ram Kishan. Santo (Pw. 9), daughter of deceased, was declared hostile since she did not support the prosecution case. In her examination she stated that the appellants Peeru Shah, Shafi Shah and Chhote Lal used to visit her father while he was alive but they had never talked to her mother. She also stated that after the death of her father Hari Kishan and Ram Kishan (informant) were ploughing the agricultural land of her father. Her father had two buffaloes that after the death of her father owned and possessed by Hari Kishan out of which one buffalo was sold. After her father died and mother jailed, she was married to an old man by his uncles. Alok Srivastava (Pw. 11), who investigated the case, in his examination in chief stated that on December 10, 1998 he had knowledge that Shravan was missing no report was registered by him. In his cross examination he admitted that he did not go to the place where the paper was pasted. ;